House Bill 1105e1
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HB 1105, First Engrossed
1 A bill to be entitled
2 An act relating to the Anastasia Mosquito
3 Control District, St. Johns County; codifying
4 the District's charter; eliminating obsolete
5 provisions pertaining to the appointment and
6 election of the initial board of commissioners;
7 providing for formation of District; providing
8 District boundaries; eliminating the
9 requirement that members of the board be
10 freeholders; eliminating the requirement for
11 petitions by candidates for the office of
12 commissioner; providing that the terms of
13 office of the commissioners shall be staggered;
14 amending the voting requirements for the board
15 of commissioners; providing for the election of
16 commissioners and operation of the district in
17 accordance with chapter 388, Florida Statutes
18 (1997), as the same may be amended from time to
19 time; amending the provisions on expense
20 reimbursement for commissioners; requiring an
21 election for a change in boundaries of the
22 district; repealing chapter 61-2745, Laws of
23 Florida, chapter 73-609, Laws of Florida,
24 chapter 73-611, Laws of Florida, and chapter
25 80-597, Laws of Florida; providing an effective
26 date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Pursuant to chapter 98-320, Laws of
31 Florida, this act constitutes the codification of all special
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HB 1105, First Engrossed
1 acts relating to the Anastasia Mosquito Control District of
2 St. Johns County. It is the intent of the Legislature in
3 enacting this law to provide a single, comprehensive special
4 act charter for the district, including all current
5 legislative authority granted to the district by its several
6 legislative enactments and any additional authority granted by
7 this act. It is further the intent of this act to preserve all
8 district authority, including the authority to annually assess
9 and levy against the taxable property in the district a tax as
10 provided by chapter 388, Florida Statutes. The Anastasia
11 Mosquito Control District of St. Johns County is declared to
12 be an independent special district.
13 Section 2. Chapter 61-2745, Laws of Florida, as
14 amended, relating to the Anastasia Mosquito Control District
15 of St. Johns County, is codified, reenacted, amended, and
16 repealed as herein provided.
17 Section 3. The Anastasia Mosquito Control District is
18 re-created and reenacted to read:
19 Section 1. District Formation ratified, restated, and
20 approved.--The Anastasia Mosquito Control District established
21 pursuant to chapter 390 (1941), approved by referendum on
22 December 7, 1948, and ordered by the Board of County
23 Commissioners of St. Johns County at a meeting of said Board
24 held December 13, 1948, as the same appears of record in
25 County Commissioners Minute Book "L", at pages 226 and 227,
26 public records of St. Johns County, Florida, are ratified,
27 confirmed, and approved.
28 Section 2. District Boundaries.--Beginning at a point
29 on the shores of the Atlantic Ocean on the boundary line
30 between St. Johns County and Duval County, at a point where
31 the section line between ten and fifteen, in township three
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HB 1105, First Engrossed
1 south of range twenty-nine east, intersects the said shores of
2 the Atlantic Ocean; thence west along the St. Johns County
3 boundary on the said section line to a point where said
4 section line would intersect the range line between ranges
5 twenty-eight and twenty-nine east; thence south on said range
6 line to a point where said range line intersects the township
7 line between townships four and five south; thence west on the
8 township line between townships four and five south, in range
9 twenty-eight east, to a point where said township line
10 intersects the range line between ranges twenty-seven and
11 twenty-eight east; thence north on said range line to where
12 the same intersects Durbin Creek; thence along the south bank
13 of Durbin Creek to Julington Creek; thence along the thread of
14 Julington Creek to the mouth thereof; thence due west to the
15 west margin of the main channel of the St. Johns River and the
16 boundary line of St. Johns County; thence southwardly along
17 the west margin of the main channel of said river and the
18 boundary of St. Johns County to a point due west of the mouth
19 of Tocoi Creek; thence leaving the St. Johns County boundary
20 line go due east to the mouth of Tocoi Creek; thence easterly
21 and northeasterly along Tocoi Creek following the center of
22 said creek to the centerline of the powerlines which run
23 north/south and are 8,000 feet west of County Road 13A; thence
24 northerly along the centerline of the powerlines to the
25 northerly line of Census Block 150; thence easterly along said
26 line to County Road 13A; thence southerly along county Road
27 13A to Sawdust Road; thence easterly along Sawdust Road to Poa
28 Boy road; thence southerly along Poa Boy Road to County Road
29 214; thence easterly along County Road 214 to the west
30 boundary lines of sections twenty-nine and thirty-two, in
31 township seven south, range twenty-nine east; thence south
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HB 1105, First Engrossed
1 along the west boundary lines of said sections twenty-nine and
2 thirty-two and the west boundary lines of sections five,
3 eight, seventeen, and twenty, in township eight south, range
4 twenty-nine east, to the south boundary line of said section
5 twenty; thence east along the south boundary lines of sections
6 twenty, twenty-one, and twenty-two, in township eight south,
7 range twenty-nine east, to I-95; thence southerly along I-95
8 to the boundary line between St. Johns County and Flagler
9 County; thence easterly along the St. Johns County boundary
10 line to the shores of the Atlantic Ocean; thence northwardly
11 along the shores of the Atlantic Ocean to the point of
12 beginning.
13 Section 3. Governing board.--The board of
14 commissioners of the Anastasia Mosquito Control District of
15 St. Johns County shall consist of five (5) members, each of
16 whom shall be a registered elector, residing within the
17 boundaries of the district.
18 Section 4. Election of commissioners.--The provisions
19 of this act shall in no manner affect the present term of
20 office of any of the five (5) members of the board of
21 commissioners of the Anastasia Mosquito Control District of
22 St. Johns County. The terms of the office of the members of
23 the board of commissioners shall be staggered. Three persons
24 shall be elected to serve 4 years in the general election in
25 2000. Two persons shall be elected to serve 4 years in the
26 general election in 2002. Thereafter, each commissioner shall
27 be elected to a 4-year term of office. The election of
28 commissioners shall be in accordance with chapter 388, Florida
29 Statutes, as the same may be amended from time to time.
30 Section 5. Voting requirements.--Three members of the
31 board shall constitute a quorum. The affirmative vote of a
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HB 1105, First Engrossed
1 majority of those members present and voting shall be
2 necessary to transact business.
3 Section 6. District powers.--The provisions of chapter
4 388, Florida Statutes (1997), entitled "Mosquito Control," as
5 the same may be amended from time to time, shall govern the
6 functions of the Anastasia Mosquito Control District of St.
7 Johns County, except where the same is inconsistent with the
8 provisions of this act.
9 Section 7. Expenses.--The members of the board of
10 commissioners of the Anastasia Mosquito Control District of
11 St. Johns County shall be paid for expenses for travel,
12 meetings, and for other expenses in connection with their
13 duties within the district the lump sum of $100 per month.
14 However, during any one year, said total expense paid shall
15 not exceed $1,200.
16 Section 8. Limitations on expenses.--Payments made
17 pursuant to this act shall be deemed reimbursement for
18 expenses and shall not be construed as salary. Said lump sum
19 monthly reimbursement shall not be paid in any month that
20 compensation is received pursuant to s. 388.141, Florida
21 Statutes.
22 Section 9. Change of district boundaries.--The board
23 of commissioners of the Anastasia Mosquito Control District of
24 St. Johns County may, for and on behalf of the district or the
25 qualified electors within or without the district, file a
26 petition with the Board of County Commissioners of St. Johns
27 County requesting it to call an election to determine whether
28 or not the boundaries of the district shall be extended to
29 include lands described in the petition. When such a petition
30 is filed, the board of county commissioners shall call an
31 election to be held at the next general election of the
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HB 1105, First Engrossed
1 qualified electors residing in the district, and the qualified
2 electors residing in the territory proposed to be added to the
3 district, to determine by the majority of votes cast in the
4 district, and by the majority of the votes cast in the
5 territory proposed to be added to the district, whether said
6 territory will be added to the district. Notice of the
7 election shall be given in accordance with s. 100.342, Florida
8 Statutes, as the same may be amended from time to time. If
9 either a majority of the votes cast in the district or a
10 majority of the votes cast in the area proposed to be added to
11 the district are not in favor of adding the territory, then
12 the area shall not be added to the district. If the results of
13 an election favor a change in boundary, the board of county
14 commissioners shall amend its order creating the district to
15 include the change in boundary. The same procedure shall be
16 followed for the removal of any territory from the district.
17 The expenses of holding any election shall be paid by the
18 Anastasia Mosquito Control District of St. Johns County.
19 Section 4. Chapter 61-2745, Laws of Florida, Chapter
20 73-609, Laws of Florida, Chapter 73-611, Laws of Florida, and
21 Chapter 80-597, Laws of Florida, are hereby repealed 10 days
22 after the effective date of this act; provided the authority
23 to levy and assess an ad valorem tax as provided by chapter
24 388, Florida Statutes, as the same may be amended from time to
25 time, shall not be repealed.
26 Section 5. This act shall take effect upon becoming a
27 law.
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